The Anti-Transfuguism Pact shields the role of the parties against confluences

The process initiated by Podemos and IU for the expulsion of their group of Teresa Rodríguez has since last week a new pressure tool, more political than legal, but useful in any case to build the speech that justifies leaving the Cádiz-already seven other parliamentarians - without infrastructure or funding for their political survival.

In parallel to the controversial breakdown of Adelante Andalucía (the parliamentary group that emerged from the confluence of parties that ran for the 2018 Andalusian elections with Rodríguez at the helm), the main parties with a voice in the national debate sat down to negotiate an extension of the bases of the

that reformulates the concept of

the institutional punishment for those who deviate from the discipline of the formations and, in some way, reinforces the hierarchical role of political organizations vis-à-vis parliamentary groups and electoral confluences .

The incorporation of an addendum (

) to the original text of the pact expands the cases in which it is possible to speak of transfuguism and describes potential situations that fit like a glove to what has been happening in Adelante Andalucía since Teresa Rodríguez decided to leave the discipline and the leadership of Podemos to

.

Thus, for example, the text expressly states: «A person elected by a candidacy promoted by a coalition will also be considered a turncoat, if he leaves, separates from the discipline or is expelled from the coalition political party that proposed his incorporation into the candidacy,

or space of the coalition, without the consent or tolerance of the party that originally proposed it.

Teresa Rodríguez, expelled today from Podemos, is a member of

, which is part of the Adelante Andalucía confluence.

If the new pact is applied, Rodríguez's new affiliation would not save her from being expelled from the parliamentary group.

In addition, the text adds that “when doubts arise about which people have incurred in transfuguism, it

who presented them and / or the party that proposed them and who will clarify in writing who has left the training, have been expelled or they have departed from their discipline, for the purposes of their qualification as turncoats.

Therefore, it

that decide who is a turncoat and, therefore, who should leave the group, regardless of the will of the majority of the deputies.

This novelty, incorporated into Addendum III, theoretically resolves the doubts raised by the

regarding the petition for the expulsion of the eight deputies presented by Podemos and IU.

In fact,

of the Autonomous Chamber warned precisely of the lack of entity of the party (Podemos) to decide on behalf of the parliamentary group, since it was this one that had to pronounce.

In that report it was stated verbatim that, according to the

, "removal from the political party does not automatically imply removal from the respective Parliamentary Group."

If this cause-effect relationship is admitted, the analysis added, "the fundamental right recognized in article 23.2 of the Constitution would be infringed," that is, to have equal access to public functions and positions.

The Bureau of Parliament has not yet decided whether to accept the expulsion of Teresa Rodríguez and the other seven deputies, despite the report cited above.

The last postponement in this regard occurred last Wednesday, alleging then that the members of the Board had not had time to read and analyze the lawyer's analysis.

That same day, the Secretary of State for Territorial Policy and Public Function,

, chaired a telematic meeting in Madrid with the parties that signed the Anti-Transfuguism Pact in which Adenda III was approved.

For that reason, IU and Podemos (and also the PSOE, also a supporter of Rodríguez's expulsion) pressed for the Table to postpone its decision while waiting to have the new text of the pact available.

There is another assumption of transfuguism defined in Addendum III that also points to Teresa Rodríguez, and that has to do with what has been classified as

, which is what the woman from Cádiz is also accused of for having registered the Adelante Andalucía confluence in the match record.

However, that record was signed by a representative of the United Left, specifically Salvador Fuentes Jiménez.

It is not clear, however, that it is legally possible to apply the new protocols agreed by the parties to Teresa Rodríguez, since they would have to be granted

power of attorney

.

Nor that what is included in Addendum III is mandatory for the Bureau of Parliament, since the signatories themselves consider it necessary to modify the regulations of the chambers for their application.

To transpose the content of the pact in its entirety, it would also be necessary to modify the

.

While this occurs, says the agreement of the parties, they agree to use the contents of the pact (including Addendum III) as "

of the competent bodies of the different institutions."

In any case, it is a political commitment but not a legal imperative.

And, given that Teresa Rodríguez has already expressed her intention to go to the Constitutional Court if the expulsion is consummated, the members of the Table will have to make their decision assuming possible legal consequences.

IU and Podemos would have all the funds

Addendum III of the Anti-Transfuguism Pact also resolves (if it is applied in the Andalusian Parliament) what happens to the public funds available to Adelante Andalucía if it loses (after expulsion) eight of its 17 deputies.

The text considers that the expelled deputies should not have

of those assigned to political groups.

On the contrary, the group harmed or "diminished" in its composition should not suffer a reduction in its economic allocations.

In other words, IU and Podemos would keep all of the group's funds (1.7 million euros) as long as the Parliament Table decides to apply the criteria of the expanded pact this week.

According to the criteria of The Trust Project

Know more

• Teresa Rodriguez

• We can

• Forward Andalusia

• UI

• constitutional Court

• PSOE

• Madrid

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